What are the Particulars of a Claim in the UK?

As a business entering into a dispute, it is essential to understand how to serve particulars of a claim, and how to respond to a claim. The particulars of a claim will set out the grounds on which the claimant’s case is being served. Serving the particulars of a claim activates a procedural timetable. This shows the other party that the claimant is ready to take the case to court. This article will outline some key points to include if you are looking to serve the particulars of a claim, as well as advice on how to deal with being served a claim. 

What are the Particulars of a Claim?

The particulars of a claim (sometimes called ‘pleadings’) are a concise statement of the grounds on which the claimant’s case is based. The claimant is the party bringing a claim to court. The claim form will often contain the particulars. However, they may sometimes be in a separate document altogether. 

The purpose of the particulars of a claim is to inform the defendant of the case and what they have to defend. As such, the particulars of a claim will set out the facts that constitute the causes of action. 

The claimant must state all the facts necessary to form the complete cause of action against the defendant. They must also give the defendant enough information to understand the case the claimant is bringing against them. In addition, the particulars of a claim must set out the remedies the claimant is seeking. 

What Would Make the Particulars of a Claim Inadequate?

If the particulars of a claim are inadequate, a court can strike out the claim altogether. A claim might be inadequate if:

• the claim is so unclear that the defendants cannot understand the case against them;
• the defendants have to incur unnecessary expenses to respond to the allegations because the claim is not clear enough; or 
• if the court does not understand what issues it needs  to  decide;

If a claim is understandable but lacks the required amount of detail, a court might require amendment or clarification rather than completely striking the claim.

Particulars of Claim Contents 

When drafting the particulars of your claim, you must include certain essential ingredients. These include the:

• identity of the parties, including their full unabbreviated name;
• causes of action; 
• remedies you are looking for (though note that the court has the right to give any remedy that it sees as appropriate, even if it is not requested in the claim form);
• interest calculations as part of the claim;
• material facts of any allegations;
• alternative possibilities of facts;
• loss and damage that the claimant has suffered; and
• view as to whether the parties have complied with the relevant Pre-Action Protocol. 

If you are in a business dispute, your claim likely involves a contract. In a contract claim, you should annex copies of the relevant written agreements between you and the other party. If the contracts were agreed orally or by conduct,  you should set out the precise words spoken or the conduct you rely upon. 

Serving Particulars of Claim

In serving Particulars of Claim, claimants must navigate a complex framework of protocols governed primarily by the Civil Procedure Rules 1998 (CPR). While the CPR encompasses most civil proceedings, certain matters – including insolvency, family, adoption, and Court of Protection cases – follow distinct procedures. 

CPR Part 7 outlines the standard procedure for serving Particulars of Claim, requiring service on the defendant within 14 days after service of the claim form, followed by filing with the court within 7 days of service on the defendant (unless already filed). Practice Directions (PDs) supplement the CPR by providing detailed guidance on its practical application and specific procedures. 

Interestingly, Practice Direction 7C modifies the standard CPR requirements for online claims issued through the Civil Money Claims Online (MCOL) service. Under PD 7C, the process is streamlined: claimants need only file a certificate of service with the court accompanied by a copy of the Particulars of Claim served, eliminating the separate requirement to file them with the court until later in the claim process.

Responding to the Particulars of Claim

If you are defending a claim, your defence should include the following: 

• whether you admit, deny, or require proof of each allegation made against you;
• the facts and grounds of your case, including any alternative versions of events; 
• reasons for denying specific allegations;
• any defences about limitation periods, in other words, a defence that the claimant is time-barred from bringing their claim; and
• any defences of contributory negligence, illegality, or failure to mitigate loss.

This is an essential aspect of the early stages of litigation. You should seek professional legal advice to serve or defend a claim. 

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Key Takeaways

The particulars of a claim are a statement that outlines the details of a legal claim that a party is making. It will involve the relevant facts that make up the grounds of the claimant’s case. A defendant’s response will work similarly and outline relevant points to the litigation. 

If you are at this stage of your litigation, it is important that you are guided by professional legal advice. Failure to comply with procedural rules could result in a court taking a less favourable approach to your claim. For example, this could include late service of your statement (outlined in the Civil Procedure Rules),

If you have any questions about the claim process, our experienced dispute lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.

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